Though upstaged by Dimaya, the Second Circuit issued a remarkable summary order yesterday–one that calls attention to potential Brady violations in the EDNY, and to the CJA resources necessary to detect such violations. See United States v. Djibo, No. 16-3956 (2d Cir. 2018) (Sack, Hall, Droney) (appeal from Johnson, J, EDNY). In Djibo, the Circuit vacated the denial of a Rule 33 motion based on late Brady/Giglio disclosures, and held that the district judge abused his discretion by refusing to grant the CJA resources necessary to review those disclosures. The panel also determined that the defendant’s sentence was procedurally unreasonable, and reassigned the case “to preserve the appearance of justice.” The order in Djibo, available here, is worth reading in its entirety. Here is a lengthy summary (with some facts drawn from the briefs):
Mr. Djibo was convicted following a jury trial of four counts related …